Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
Learned Counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in this case due to family rivalry. The applicant and the complainant are the family members. The applicant has not committed any offence as alleged in the FIR. The applicant has been assigned the role of pelting stones but there is no such injures on the person of the injured. The applicant is in jail since 02.04.2021. The applicant has no criminal history and in case she is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned Counsel for the applicant further submits that the co-accused Sanni Sahagal has already been enlarged on bail by the co-ordinate Bench vide order dated 19.02.2021 passed in Bail No.2142 of 2021.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, arguments advanced by learned counsel for the parties and without expressing any opinion on merits and also looking into the present pandemic situation, I am of the view that it is fit case for bail.
Let the applicant Varsha Sahagal involved in Case Crime No.679 of 2020, under Sections 307, 336 IPC, Police Station Kotwali Sadar, District Kheri be released on bail on her furnishing a personal bond, provided that the accused/applicant shall also undertake to furnish two reliable sureties required by the Court concerned, within a period of 6 weeks from the date of his/ her actual release with the following conditions:
1. The applicant shall file an undertaking to the effect that he/ she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his/ her counsel. In case of his/ her absence, without sufficient cause, the trial court may proceed against him/ her under Section 229-A of the Indian Penal Code.
3. In case, the applicant misuses the liberty of bail and in order to secure his/ her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/ her, in accordance with law, under Section 174-A of the Indian Penal Code.
4. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his/ her bail and proceed against him/ her in accordance with law.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.5.2021 akverma